| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA312/2025 |
| BETWEEN | VA’A VA’A |
| AND | THE KING |
| Hearing: | 25 August 2025 |
Court: | Cooke, Brewer and Harvey JJ |
Counsel: | B A Mugisho and B C S Moyer for Appellant |
Judgment: | 17 September 2025 at 11.00 am |
JUDGMENT OF THE COURT
The appeal is dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by Harvey J)
On 1 May 2025, Judge Andrée-Wiltens sentenced Va’a Va’a to 11 years and 3 months’ imprisonment following his guilty plea to one charge of importing methamphetamine.[1] Mr Va’a appeals his sentence on two principal grounds: first, the starting point of 15 years’ imprisonment was too high considering Mr Va’a’s limited role in the offending; and second, the total discounts of 25 per cent were too low and failed to properly reflect Mr Va’a’s guilty plea, cultural background and remorse.
[1]R v Va’a [2025] NZDC 9885 [judgment under appeal].
The Crown opposes the appeal and submits the starting point was within range, the discounts were appropriate and the end sentence was not manifestly excessive.
The offending
The Judge summarised the offending as follows:
[2] In August of 2023 two consignments were sent addressed to you at your address with your phone number attached, and those consignments contained 49.43 kilograms of methamphetamine. You say that you already had a [Customs] client code. The prosecution say that as part of the arrangements here that you created that. I do not know what the situation is. But, nevertheless, you had a code which enabled the drugs to be sent to you.
[3] You provided your name, your address, phone number and there were a number of communications between you and an individual by the name of Pako Brendo about the importation of these drugs including one question which concerned about how fast you could open a box with a vacuum sealer inside it. The prosecution says that that means that you had full knowledge of what was going on here, that you were importing drugs, and you have admitted as much.
[4] You were also communicating with a logistics company to try and find out what had happened to the shipment and with New Zealand Customs trying to find out when the delivery was going to be cleared, and at one point you sent a text saying: “Just want to make sure I'm home to catch it.” That is one of only a very few texts left on your phone in relation to this matter because you have deleted the others. Goodness only knows what they would have said.
“Pako Brendo” was later identified as Patrick Maeva, Mr Va’a’s co-defendant.
Approach on appeal
An appeal against sentence proceeds as of right pursuant to s 244 of the Criminal Procedure Act 2011. Such an appeal may be allowed if this Court is satisfied there has been an error in the sentence appealed from and…
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- AGLC
- Va'a v The King [2025] NZCA 473
- Case
- [2025] NZCA 473
- Decision Date
CaseChat Overview and Summary
The Court of Appeal considered the arguments and found that Va’a’s role in the offending was significant, and the starting point of 15 years was appropriate. The Court also found that the Judge properly considered the discounts for a guilty plea, cultural and personal factors, and remorse. The Judge found that Va’a’s remorse was not genuine, as it came very late, and only when he finally realised the gravity of the offending and the impact of his incarceration on his family. The Court of Appeal found no reason to disturb the Judge’s conclusion and dismissed the appeal. The final orders were that the appeal is dismissed.
Orders
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Background
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Evidence
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Decision
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Ratio Decidendi
Legal Principle Established
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